Key Points:
- Parties Involved:
- Plaintiff: The Corporation of the City of Ottawa.
- Defendants: 152610 Canada Inc. (Laurin Construction Group) and others.
- Third Parties: Concrete Polishing and Sealing Ltd., R&D Technical Solutions Ltd., and others.
- Nature of the Case:
- Damages claimed for negligent design and construction of a parking garage.
- City sought to reinstate an action dismissed for delay and to extend the timeline for setting the matter down for trial.
Court's Analysis:
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Test for Reinstating Dismissed Actions (from Piedrahita v. Costin):
- Explanation for delay: Found reasonable, tied to ongoing garage repairs and delayed expert reporting.
- Intent to pursue action: Evidence supported the City’s consistent intention to litigate.
- Prompt action upon dismissal: City acted promptly to address the issue.
- Prejudice to defendants: Court found no significant prejudice; challenges in assessing repair costs fall on the plaintiff.
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Findings:
- Delays were justified due to repair complexities and mutual agreement to await expert reports.
- Reinstatement would not prejudice defendants or third parties.
- Procedural issues regarding third-party claims were resolved favorably for the defendants, reviving these claims automatically upon reinstatement of the main action.
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Timetable and Costs:
- Court encouraged parties to negotiate an amended litigation timetable.
- Costs awarded to the City ($7,000) and Architecture49 Inc. ($1,000), payable by the responding parties.
Conclusion:
The court reinstated the action, balancing interests of justice and recognizing the inherent delays in multi-party litigation involving construction disputes.
